Received an ET1? Here is exactly what happens next — and how to protect your business.
If you are an employer and you have just received an employment tribunal claim, you are probably asking a few things at once: How serious is this? What do I have to do? How long do I have? How much is this going to cost?
This guide answers all of those questions in plain English. It walks you through the full tribunal process — from the ET1 landing on your desk to the final hearing or early settlement — so you know what to expect and where the key decisions are.
⚠️ Important: Employers have just 28 days from receiving the ET1 claim form to file their ET3 response. Missing this deadline can result in a default judgment being entered against your business without a hearing.
Step 1: Understand what you’ve received
An ET1 is the claim form that a current or former employee submits to the Employment Tribunal to begin a formal claim against you. It will set out who is making the claim, what they are alleging — unfair dismissal, discrimination, unpaid wages, and so on — and what remedy they are seeking (usually money).
Attached to the ET1 is the claimant’s particulars of claim: a more detailed account of events from their perspective. You will need to address every point raised in those particulars when you file your response.
Common types of claims you may be defending include:
- Unfair dismissal — the most common claim in the UK
- Discrimination under the Equality Act 2010 (age, sex, race, disability, religion, sexual orientation, and more)
- Constructive dismissal
- Whistleblowing / protected disclosure claims
- Redundancy and unfair selection
- Breach of employment contract (for sums up to £25,000)
Step 2: Check the ACAS early conciliation certificate
Before a claimant can submit an ET1, they must go through ACAS early conciliation. You may already have been contacted by ACAS before the ET1 arrived. If the conciliation period ended without agreement, ACAS will have issued a conciliation certificate, and the claimant can then proceed to the tribunal.
If you were contacted by ACAS and did not engage, or if you settled during conciliation, the position should be clear. If you are unsure whether the ACAS certificate is valid, this is worth checking early — a defective certificate can be grounds to challenge the tribunal’s jurisdiction to hear the claim.
Step 3: File your ET3 response within 28 days
The ET3 is your formal legal response to the claim. It is the single most important document you will file in the entire process — because it sets out your position on every allegation the claimant has made.
Your ET3 must include:
- Your company’s registered name, company number, and address
- Contact details for correspondence throughout the proceedings
- A response to each factual allegation in the particulars of claim — agreeing, denying, or requiring the claimant to prove each point
- Your own version of events where you contest what the claimant says
- Any jurisdictional points you want to raise (for example, if the claimant has not yet accrued two years’ service for an unfair dismissal claim)
A well-drafted ET3 does more than just respond to the claim. It frames your entire defence, signals to the Tribunal how you intend to approach the case, and can put you in a much stronger position for settlement negotiations or the hearing itself.
If you need more than 28 days, you must apply to the Tribunal for an extension before the deadline expires, with reasons. Extensions are not guaranteed.
💡 Tip: Instruct a solicitor as soon as the ET1 arrives. Attempting to draft an ET3 without legal advice is one of the most common mistakes employers make. A poorly drafted response can limit your defence at the hearing.
Step 4: Consider early settlement
Once the ET3 is filed, the Tribunal process formally begins — but settlement remains possible at any stage. Many claims settle well before the hearing, and for many employers that is the right commercial outcome.
Settlement does not mean admitting liability. It simply means that both parties agree to resolve the dispute on agreed terms, typically involving a payment. The two main routes to settlement in employment tribunal proceedings are:
Settlement route | How it works |
ACAS COT3 agreement | Legally binding settlement brokered through ACAS. Prevents the claimant from bringing the same claim again. No admission of liability required. |
Settlement agreement | Written agreement signed by both parties, drafted by a solicitor. The claimant must receive independent legal advice before signing. Also known as a compromise agreement. |
Whether to settle — and for how much — depends on the strength of your defence, the financial value of the claim, the likely cost of proceeding to a hearing, and your appetite for the reputational and management-time risk of a contested hearing. A solicitor can help you make that assessment properly.
Step 5: Prepare for the hearing
If the claim does not settle, the Tribunal will issue a case management order setting out the deadlines you must meet before the hearing. Missing any of these can seriously damage your case.
Stage | What’s required | Typical deadline |
Disclosure | Exchange of all relevant documents with the claimant | 4–8 weeks before hearing |
Schedule of loss | Claimant sets out the financial compensation they are seeking | 4–6 weeks before hearing |
Witness statements | Written evidence from all witnesses, exchanged simultaneously with the claimant | 3–4 weeks before hearing |
Agreed bundle | Joint file of all documents to be used at the hearing | 2–3 weeks before hearing |
Skeleton arguments | Written legal submissions summarising your case (if required) | 1–2 weeks before hearing |
Hearing | Oral evidence, cross-examination, and legal submissions | As listed by Tribunal |
Witness statements
Witness statements are written accounts of events from your perspective and the perspectives of any relevant colleagues. At the hearing, witnesses will be cross-examined on the contents of their statements by the claimant or their representative. Statements need to be accurate, detailed, consistent with the documentary evidence, and written to withstand rigorous questioning.
Received an ET1? Get legal advice today
If your business has received an employment tribunal claim form, the 28-day response deadline begins immediately. Seeking early legal advice gives you the best possible foundation for your defence — and can also open the door to early settlement if that is the right outcome for your business.
At Adam Bernard Solicitors, our employment tribunal defence solicitors in London act exclusively on behalf of employers. We advise businesses of all sizes on defending the full range of employment tribunal claims, from unfair dismissal and discrimination to whistleblowing and breach of contract. Our fees are fixed and agreed upfront.
